A/HRC/18/54
consent to any other State without a prior reasonable and objective examination of the
circumstances of that particular individual’s case. This due process right ensures that all
grounds under international and national law that may avoid the expulsion of the individual
are duly taken into account. Such grounds can include the prohibition of refoulement,
family reunification, protection of victims of trafficking, the rights of unaccompanied or
separated children, subsidiary or temporary protection considerations, and other grounds
arising from health needs, and particular individual circumstances.
47.
In order to ensure safeguards against the arbitrary expulsion of migrants, it is
important that State officials who make decisions relating to expulsion, including border
guards, should be able to appreciate the full range of arguments that weigh against the
expulsion of a particular individual, be adequately trained on relevant standards of national
and international law (including international refugee law and human rights law) and be in
an effective position to corroborate relevant elements where necessary.
III.
Response of the international community
48.
The initiatives described below are some of those taken by States and other
stakeholders that are of relevance to the situation of migrants and asylum-seekers fleeing
recent events in North Africa.
A.
Rescue at sea
49.
A number of search and rescue interventions have been carried out by countries in
the Mediterranean region since January 2011.
50.
In its recently published Fundamental Rights Strategy, the European Border Control
Agency Frontex noted that the “respect and promotion of fundamental rights are
unconditional and integral components of effective integrated border management” and
stipulated that Frontex joint operations are to take into account “the particular situation of
persons seeking international protection and the particular circumstances of vulnerable
individuals or groups in need of protection or special care (e.g. separated and
unaccompanied children, women, victims of trafficking, and persons with medical
needs).”40
51.
In June 2011, the Parliamentary Assembly of the Council of Europe appointed
Senator Tineke Strik of the Netherlands to head an inquiry into the death of hundreds of
migrants in the Mediterranean since January 2011.
B.
Protection of vulnerable migrants
52.
A number of governmental and non-governmental actors provided emergency
humanitarian assistance to migrants and asylum-seekers stranded at borders, including
food, water, medical care and psychosocial support. 41 Measures were also taken to improve
40
41
It should be noted that the Parliamentary Committee of the Council of Europe cautioned in its
resolution 1821 (2011) that, while welcoming the amendment of rules governing Frontex, “the
Assembly is concerned about the lack of clarity regarding the respective responsibilities of European
Union states and Frontex and the absence of adequate guarantees for the respect of fundamental rights
and international standards in the framework of joint operations co-ordinated by that agency.”
See for example “New Tunisian Red Crescent transit camp for migrants fleeing Libya”, International
Federation of Red Cross and Red Crescent Societies, 15 April 2011.
13
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